The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation is enforceable (Bruna)

Baumé, Tristan; Janssen, Sally

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5 Oct 2009

The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation is enforceable (Bruna)

KEYWORDS

Reference

Court of First Instance of Arnhem, Bruna, Case n° 188898, 5 October 2009 (Dutch)

In March 1999, a franchise agreement was concluded for a period of five years between Bruna, the franchisor, and the defendant in this case, the franchisee. After renewal in 2004, this agreement was prolonged until 1 August 2009. The defendant was given the right to use the Bruna system for the exploitation of commercial premises. This franchise agreement contained a non-compete clause according to which the franchisee would abstain from any competing activities for a period of one year following the franchise agreement. The franchise agreement was ended on the 1st of August 2009. As of that date, the defendant, who exploited a “Bruna shop”, started to exploit on the same premises a bookshop of the chain “Plantage Booksandmore”. Bruna initiated interlocutory proceedings before the

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Authors

Tristan Baumé
European Commission - DG COMP (Brussels)

Belgium 46 contributions 199150 visits
Sally Janssen
European Court of Justice (Luxembourg)

Luxembourg 23 contributions 87194 visits

Quotation

Tristan Baumé, Sally Janssen, The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation is enforceable (Bruna), 5 October 2009, e-Competitions October 2009, Art. N° 30038

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